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Attachment 1
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Body of Report
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1.0 Background
information
The application seeks approval for a Material Change of Use for
“Extractive Industry” to permit the extraction and subsequent screening of sand
adjacent to Blyth Creek at Blythdale. The proposed use involves the screening
of approximately 10,000 tonnes of material per annum and constitutes
Environmentally Relevant Activity (ERA) 16 3(a) - Extractive and Screening
Activities (5000 - 100,000 tonne per annum).
The applicant currently holds a permit for ERA 16 1(a): dredging
1,000 tonne of material from the bed of naturally occurring surface waters in a
year. The proposed development will enable the applicant to screen the
extracted material on the adjoining land.
The subject site is situated at
Blythdale Road, Blythdale QLD 4455, described as Lot 77 on
Plan WV975, Lots 88, 89, 94 & 95 on Plan WV456 and Lot 129 on Plan WV908.
The site is zoned Rural and is primarily used for grazing purposes. All
allotments are currently vacant with the exception of Lot 95 on Plan WV456
which is occupied by a single dwelling. The development will not affect the
ability of the site to continue to be used for agricultural purposes.
Figure 1 – Site Locality Source:
Bungil Shire Planning Scheme
Operations of the activity will be carried out with the use of
mobile machinery including a truck, trailer and trommel screener. Working
areas will be located a minimum distance of 50 metres but no more than 250
metres from the creek bank and will expand across an area of approximately 100m2.
The proposed use is expected to operate eight hours per day, six days per
week. It is anticipated the activity will be carried out by two employees.
Vehicle access to the extraction and screening sites will be
obtained via the existing property accesses to Mt Saltbush Road and Blythdale
Road. The primary haul route from the site will be via Mt Saltbush Road from
the extraction sites along Blythdale Road. It is anticipated that Blythdale
Road will be used to a lesser extent to access the Warrego Highway.
2.0 Definition of use
and assessment status
The Bungil Shire Planning
Scheme 2006 defines the proposed use as "Extractive Industry” which is
described as follows:
“Extractive
Industry” means any premises used for the
winning or treatment of the land or on adjacent land, of gravel, rock, sand, soil,
stone, or other similar materials. The term does not include the removal of
material authorized by Section 106(1) of the Local Government Act 1993, or
mining within the meaning of the Mineral Resources Act 1989. Transport
Infrastructure Act- extraction of material from roadway.
The application is subject to
Impact Assessment and assessed against the relevant provisions of the planning
scheme. Public Notification was carried out from 12 April 2013 to 3 May 2013.
No submissions were received during this period.
3.0 Assessment against the planning scheme
The Desired
Environmental Outcomes (DEOs) are based on ecological sustainability
established by Sustainable Planning Act 2009, and are the basis for the
measures of the planning scheme. The DEOs are examined below:
(a) Environment
(i) The areas of high scenic amenity, remnant
vegetation, wetlands, fauna habitats and wildlife corridors and regionally
significant open space in the Shire are protected.
The development site is mapped as containing significant vegetation
and protected areas located adjacent to the creek, roadways and in various
pockets across the site. The DEHP conditions of approval limit the disturbance
area of the screening sites and restrict the operations of the use to existing cleared
land and roads in order to protect areas of environmental significance.
(ii) Places, areas or sites identified as
being susceptible to land degradation, including contamination, erosion,
salinity and landslip, are protected and further degradation is minimised.
The
development site is not identified as being susceptible to land degradation.
(iii) Ecological sustainability is achieved by
maintaining and improving biodiversity, water and air quality.
The development will be limited to a maximum disturbance area of
eight hectares across eight screening sites. The development will operate in
accordance with a Site Based Management Plan and conditions of approval imposed
by DEHP to minimise environmental impacts of the use.
(iv) Places of historical and indigenous
cultural heritage and social significance are protected, maintained and
enhanced.
The subject
site is not identified as being in proximity to, or a place of, historical,
cultural or social significance.
(b) Economic
(i) Good Quality
Agricultural Land is protected as a major economic resource for the region.
The
development site is identified as Good Quality Agricultural Land, however the
proposed use will be contained within small working areas of approximately 100m2
and involves minimal relocatable equipment and no permanent buildings or
structures. The proposed use will not adversely impact on the ability of the
site to continue to be used for agricultural purposes.
(ii) Key Resource
Areas, extractive resources, petroleum, gas and mineral resources are protected
as a major economic resource for the region.
The proposed development involves an extractive industry use that
will produce and supply sand to the community and wider region.
(iii) Industry,
business and employment opportunities are improved and appropriately located to
service the community and region, and encourage economic activity within the
local area.
The proposed use will service the community and wider
region by providing an essential resource for development within the region.
(iv) Rural business
opportunities are improved to protect and value-add to the existing rural based
economy.
The proposed
development will not adversely impact on rural business opportunities.
(c) Community Well-Being & Lifestyle
(i) A convenient access to roads and services
is achieved through well located land uses and the efficient use and timely
provision of infrastructure such as water, sewerage and roads walkways and
cycling facilities.
Vehicle access to the development sites on Blythdale Road will be
gained primarily via Mt Saltbush Road which is currently in high use due to the
resources industry activities occurring in the surrounding area. It is
proposed that Blythdale Road will also be used to access the site on an occasional
basis from the Warrego Highway.
The development does not require sewerage disposal, electricity or
water supply due to the mobile nature of the activity and therefore will not
impose any additional loads on these infrastructure networks.
(ii) Rural
residential and urban residential development occurs in distinct localities
that provide a sense of community, amenity, services, and a safe, affordable
living environment, whilst maintaining rural amenity.
The proposed
development is for an extractive industry use and does not involve rural
residential or urban residential development.
(iii) Infrastructure networks such as road and
rail, water cycle and electricity infrastructure are protected from
encroachment by sensitive land uses which may adversely affect or limit the
normal operation of that infrastructure.
The proposed use is an industrial activity and does not involve a
sensitive land use. The development therefore will not
adversely impact on the current or future operation of existing road, rail,
water supply or electrical infrastructure networks in this respect.
(iv) The role and identity of Injune as the
main business and community centre of the shire is consolidated.
The proposed
development is appropriately located within the Rural Zone, distant from the
Injune Township. The development will not prejudice the role and identity of
Injune as the main business and community centre within the shire.
(v) Adverse effects from natural and other
hazards, including bushfires are minimised.
The development site is not identified as being susceptible to
natural or other hazards, including bushfires. Nevertheless the development
does not involve the installation of any permanent buildings or structures and
therefore all equipment and machinery required for the use, could be easily
relocated if a hazardous event were to occur.
(v) The range of housing types, services and
facilities meets the needs of the community and other uses.
The proposed
development is for an industrial activity that will provide an essential
resource for development within the region.
Overall Outcomes for Rural Zone Code
The Rural Zone Code identifies overall
outcomes providing direction about relevant assessment issues. The overall
outcomes for the Rural Zone Code are the purpose of the code which seeks to
ensure that development within the rural zone:
(a) reflects the economic potential of the
rural area;
The proposed
development will enhance the economic potential of the rural area by providing
essential materials for the continued development of the region.
(b) is appropriately located within the Rural
Zone and existing and future Rural Activities are not prejudiced by
inappropriate development;
The proposed development will be confined to eight screening sites
comprising a maximum disturbance area of eight hectares. The activity involves
minimal equipment that will not be permanently established on the site. The
development is a small scale use and will not prejudice existing or future
rural activities in the locality.
(c) maintains the environment, including
soil, air and water, compatible with healthy natural systems and ensures public
health and safety;
The proposed development will be required to be carried out in
accordance with the conditions imposed by the Department of Environment and
Heritage Protection for ERA 16 - Extractive and Screening Activities. It is
considered that compliance with these conditions will minimise adverse
environmental impacts.
(d) protects Good Quality Agricultural Land
(GQAL) from fragmentation, alienation or encroachment of incompatible land uses
in accordance with State Planning Policy 1/92 – “Development and Conservation
of Agricultural Land”;
The
development site is identified as Good Quality Agricultural Land, however
operations of the activity will be confined to specific sites comprising only a
small portion of the total site area and no permanent buildings or structures
will be established as a result of the use. The development will not adversely
impact on the ability of the remaining site area to continue to be used for
agricultural purposes.
(e) is located, designed and operated in a
manner that protects and enhances the predominant rural scale, intensity, form
and character;
The proposed development will be confined to designated areas within
the site and is limited in scale to a maximum disturbance area of eight
hectares. The activity involves the use of minimal equipment and will not
result in the establishment of any permanent buildings or structures onsite.
The primary use of the site will remain agriculture and therefore the
development will maintain the rural scale, intensity, form and character.
(f) maintains the rural amenity;
The proposed development is for an industrial use located within a
rural area. The development will be confined to designated areas within the
site and will allow the existing agricultural activities to continue as the
primary land use. The development will not adversely impact on rural amenity.
(g) does not prejudice or impact adversely on
other uses including those within other Zones;
The proposed use will be confined to a small portion of the total
site area and will not affect the ability of the site to continue to be used
primarily for agricultural purposes. It is considered that subject to the
recommended conditions of approval and the DEHP requirements, the proposed
development will not prejudice or adversely impact on other uses, including
established uses within other Zones.
(h) has an appropriately designed access to
the road network and traffic generated by the development does not impact
adversely on the local road network;
Vehicle
access to the extraction and screening sites will be obtained via the existing
property accesses to Mt Saltbush Road and Blythdale Road. Conditions will be
imposed to take account of the potential impacts on the local road networks
(i) protects areas and sites of
conservation importance, including cultural and high landscape values;
The development site is mapped as containing significant vegetation
and protected areas located adjacent to the creek, roadways and in various
pockets across the site. The DEHP conditions of approval limit the disturbance
area of the screening sites and restrict the operations of the use to existing
cleared land and roads in order to protect areas of conservation importance.
The development site does not contain and is not located in proximity to places
identified as being of cultural significance and therefore the use will not
impact on such places.
(j) is undertaken in an orderly and logical
sequence to achieve an efficient provision of infrastructure;
The
development does not require effluent disposal, water or electricity supply due
to the mobile nature of the use. Vehicle access to the extraction and
screening sites will be obtained via existing property accesses.
(k) is located and designed in ways that
minimize the need for flood, bushfire and landslide mitigation and to protect
people and premises from such natural events;
The development site is not identified as being susceptible to
natural hazards. Nevertheless the development does not involve the
installation of any permanent buildings or structures. All equipment utilized
in the extraction and screening processes is mobile and can be relocated if a
hazardous event were to occur.
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(l) has water supply, stormwater disposal,
sustainable effluent and waste disposal and power to appropriate standards
adequate for the use; and
The
development does not require effluent disposal, water or electricity supply due
to the mobile nature of the use. Stormwater will be managed through the
construction of bunds around the stockpiles of dredged materials. Stockpiles
will be located a minimum distance of 50 metres from the main creek channel.
(m) does not impact adversely on
infrastructure.
The
development will not impact on water, sewerage or electrical infrastructure
networks. The development will utilise Mt Saltbush Road, and to a lesser
extent Blythdale Road, as haulage routes from the site. Conditions will be
imposed to take account of the potential impacts on the local road networks
The Code’s relevant Performance Criteria are shown below,
in order to more easily permit structured and detailed consideration of
relevant issues—
Rural Zone Code
The Codes’ relevant Performance Criteria are shown below,
in order to more easily permit structured and detailed consideration of
relevant issues—
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Relevant
performance criteria -
the
Rural Zone Code
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Assessment
responses
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For all of the Rural Area
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1. Infrastructure
PC1 Electricity
Premises are provided with a supply of electricity and adequate
for the activity.
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The
proposed development does not require electricity supply.
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PC2 Water Supply
Premises are provided with an adequate volume and supply of water
for the activity.
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The proposed development does not require water supply.
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PC3 Effluent disposal
To ensure that public health and environmental values are
preserved, all premises provide for the treatment and disposal of effluent
and other waste water.
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Due to the mobile nature of the proposed use, onsite effluent
disposal will not be required.
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PC4
Stormwater/Inter-allotment Drainage
Stormwater is collected and discharged so as to:
a) protect the stability of
buildings or the use of adjacent land;
b) prevent the waterlogging
of nearby land; and
c)
protect and maintain environmental values.
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Stormwater
will be managed through the construction of bunds around the stockpiles of
dredged materials. Stockpiles will be located a minimum distance of 50
metres from the main creek channel.
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PC5 Vehicle Access
Vehicle access is provided to a standard appropriate for the use.
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The
development will utilise the existing vehicle crossovers from Mt Saltbush
Road and Blythdale Road to access the site.
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PC6 Parking and manoeuvring
Vehicle parking and service vehicle provision is adequate for the
use whilst ensuring both safe and functional operation for motorists and
pedestrians.
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The proposed development will not require designated parking
spaces within the site due to the mobile nature of the use. The large site
area will allow sufficient area for vehicles to manoeuvre internally to exit
onto the roadway in forward direction.
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PC7.1 Roads
All weather road access is provided between the premises and the
existing road network.
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N/A – The
proposed development does not involve the construction of new roads.
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PC7.2 Location
Development must be located where there is convenient access.
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The development site has all-weather vehicle access to the
existing road network.
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PC8.1 Highways
All Highways are maintained and enhanced as a link between major
centres.
PC8.2 State Controlled Roads
Development adjacent to State Controlled Roads
is located to ensure safe and efficient use of the highway and maintain the
integrity of the highway as a commuter link.
PC8.3 Noise Sensitive Development
Noise sensitive developments (residential,
educational and community) must ensure that road traffic noise levels are
appropriately managed to achieve acceptable levels of amenity.
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The
development site does not have direct access to a State Controlled Road and
will not adversely impact on the highways as a link between major centres.
The
development site is not located adjacent to a State Controlled Road.
N/A – The
proposed development is not a noise sensitive use.
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PC9 Gas and Oil Pipelines
Buildings are located at an appropriate distance from pipelines to
ensure community safety and operation of the use is not compromised.
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The
proposed use does not involve the establishment of any buildings within
proximity to gas and oil pipelines.
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PC10 Refuse Tips and Effluent Treatment Plants
Premises are located at an appropriate distance from refuse tips
or effluent treatment plants to ensure community safety and operation of the
uses are not compromised.
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The
development involves the use of mobile equipment and machinery that will be
relocated to various working areas within the site as material is sourced
from different locations within the creek. The development will not result
in the establishment of any premises in proximity to refuse tips or effluent
treatment plants and will not be adversely impacted by such facilities.
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PC11.1 Rail Corridors
Development is
at an appropriate distance from the rail corridor so as not to prejudice safety,
speed or intended role of the existing and proposed rail corridors.
PC11.2
Noise Attenuation
Development
adjoining the rail corridor is protected from the impact of noise.
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The
development site is not located in proximity to a rail corridor and does not
involve a noise-sensitive use.
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PC12 Electricity Transmission Line Easement – Vegetation
Transmission lines within an Electricity transmission line
easement are protected from vegetation.
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The
development site is not located in proximity to electricity line easements.
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PC13 Electricity Transmission Line Easement – Separation Distance
Habitable buildings and community orientated uses are located a
minimum distance from lines to ensure community safety.
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The
proposed development does not involve habitable buildings or community
orientated uses.
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2.
Environment
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PC14 Watercourses
Development ensures the maintenance of riparian areas and water
quality including protection from off-site transfer of sediment.
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The
proposed development involves the extraction and subsequent screening of sand
from Blyth Creek. Dredged materials will be stockpiled within bunded areas
located a minimum distance of 50 metres from the main creek channel. The
activity will be undertaken in accordance with a Site Based Management Plan
and the DEHP conditions of approval which require the implementation of
control measures to prevent the transfer of sediment.
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PC15
Flooding
Premises are designed and located so as:
a) not to be adversely
impacted upon by flooding;
b) to protect life and
property; and
c) not to have an undesirable
impact of the extent and magnitude of flooding.
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The
development site is not identified as being susceptible to flooding, however
the extraction and screening of materials will occur within close proximity
to Blyth Creek. Nevertheless all machinery and equipment
associated with the use is mobile and therefore can be easily relocated in
the event of a flood.
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PC16 Air
Emissions
Air emissions
from premises do not cause environmental harm or nuisance to adjoining
properties or sensitive land uses.
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The
proposed development will be required to comply with conditions of approval
for the operation of ERA 16, which include measures to minimise air emissions
from the proposed use in accordance with Environmental Protection (Air)
Policy 2008.
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PC17 Noise Emissions
Noise emissions from premises do not cause environmental harm or
nuisance to adjoining properties or sensitive land uses.
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The
proposed development will be required to comply with conditions of approval
for the operation of ERA 16, which include measures to minimise noise
emissions from the proposed use in accordance with Environmental
Protection (Air) Policy 2008.
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PC18 Water Quality
The standard effluent and/or storm water runoff from premises
ensures the quality of surface water is suitable for:
a) the
biological integrity of aquatic ecosystems;
b) recreational
use;
c) supply
as drinking water after minimal treatment;
d) agricultural
use; or
e) industrial
use.
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The
proposed development will be required to comply with conditions of approval
for the operation of ERA 16, which include measures to ensure the quality of
surface water is maintained.
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PC19 Excavation and Filling
Excavation and filling of land ensures:
a) that both the amenity and
safety of users of the site and adjacent land holdings;
b) soil erosion is kept to a minimum with remedial works.
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The
proposed use will not require any significant earthworks. Minor earthworks
will be undertaken for the construction of banks and/or diversion drains to
manage stormwater where materials are stockpiled. Conditions of approval
will require any excavation and filling to be carried out in accordance with
Schedule 8 – Standards for Construction Activity.
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PC20 Construction Activities
Both erosion control and silt collection
measures are undertaken so as to ensure protection of environmental values
during construction.
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Conditions
of approval will require erosion and sediment control measures to be
implemented for the protection of environmental values.
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PC21 Separation of Incompatible land uses
Separation distances are provided to ensure:
a) the future viability of
surrounding uses;
b) infrastructure items are
protected from incompatible development;
c) an appropriate standard of
amenity and public safety; and
d) conflict arising from
incompatible uses is minimised.
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The proposed development is a non-blasting extractive industry.
Operations of the activity will be appropriately separated from existing
sensitive land uses.
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PC22.1 Development in the Vicinity of airports:
Development in the vicinity of Airports:
a) does not adversely affect
the operation of the airport;
b) is designed and located to
achieve a suitable standard of amenity for the proposed activity; and
c) does not restrict future operational
demands of the airport.
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N/A – The site is not located within 100 metres of the boundary of
an airport.
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PC22.2 Airport Protection
The development of premises does not cause an obstruction or other
potential hazard to aircraft movement associated with the airport by way of:
- the
physical intrusion of buildings or other structures into the Obstacle
Limitation Surfaces;
- attracting
birds and or bats to the area which could cause or contribute to bird strike
hazard;
- providing
very bright lighting or lighting similar to aerodrome lighting, which can
distract or confuse aircraft pilots;
- interfering
with navigation or communication facilities;
- emissions
that may affect pilot visibility or aircraft operations; or
- transient
intrusions into the airport’s operational space.
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The proposed development is not located in proximity to an airport
and will not cause obstruction or other potential hazard to aircraft
movements.
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PC23 Good Quality Agricultural Land
Good Quality Agricultural Land areas as identified in Map R2
– Good Quality Agricultural Land are conserved and managed for the
longer term and protected from development that may lead to its alienation or
diminished productivity.
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The site is
identified as Good Quality Agricultural Land, however the proposed
development will provide a necessary resource for the growth of the region.
The development will occupy a minor portion of the total site area and will
allow the existing agricultural use to continue as the primary land use.
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PC24 Vegetation Retention
Development retains vegetation for the:
a) protection of scenic
quality;
b) protection of general
habitat;
c) protection of soil
quality; and
d) establishment of open
space corridors and networks.
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The
development site does contain significant vegetation, however the DEHP
conditions of approval restrict operations of the activity to existing
cleared land and roads.
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PC25 Protected Areas
Development is undertaken to ensure areas of significant
biodiversity and habitat value are protected.
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The development
site does contain protected areas, however the DEHP conditions of approval restrict the disturbance area of the screening sites and limit
operations of the use to existing cleared land and roads in order to protect
areas of significant biodiversity and habitat value.
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PC26 Sloping Land
Development is undertaken to ensure:
a) vulnerability to landslip
erosion and land degradation is minimised; and
b) safety of persons and property is not compromised.
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Designated working areas will be located away
from the creek banks and are of gentle undulating slope not exceeding 15
percent.
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PC27
Bushfire Hazard Area
Development
maintains the safety of people and property by avoiding areas of High or
Medium Bushfire hazard or mitigating the risk through:
a) the siting of buildings ensuring setbacks from
hazardous vegetation are maximized and elements least susceptible to fire are
sited closest to the bushfire hazard; and
b) the provision of firebreaks to ensure adequate
setbacks between buildings structure and hazardous vegetation.
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The
development site does contain areas identified as a bushfire hazard, however
proposed use does not involve the establishment of any buildings or
structures on the site. The DEHP conditions of approval restrict operations
of the use to existing cleared land and roads.
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PC28
Buildings of Significance
The
architectural merit and precinct value of cultural heritage items listed in
Schedule 10 is maintained.
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N/A – The development does not contain and is not located in
proximity to buildings identified as being of architectural merit or cultural
heritage significance.
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PC29
Cultural Heritage
The
significance of known places of indigenous and/or cultural heritage value is
retained.
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N/A – The site does not contain nor is it located in close
proximity to known places of indigenous and/or cultural heritage value.
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PC30 Character Buildings
Development adjacent to buildings identified as heritage or
character buildings incorporates design features, materials and details that
blend with the existing character.
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N/A – The development is not adjacent to
buildings identified as heritage or character buildings.
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PC31 Residential Outbuildings
Rural amenity is to be maintained.
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N/A – The proposed development does not
include residential outbuildings.
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PC32 Buffers
Adequate buffers are provided to protect rural residential uses
from agricultural, transport and industrial activities whilst also ensuring
the integrity and viability of such uses.
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The proposed development is appropriately
separated from residential and sensitive land uses and will not harm the
integrity and viability of such uses.
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4.0 Road use
The dominant
concern for the Council is the impact of heavy vehicles on local roads. Most
other impacts are environmental and are addressed by the extractive industry
conditions imposed by the Department of Environment and Heritage Protection
(DEHP).
The main
proposed haul route along Mt Saltbush Road does not need a road safety audit as
it is already used by heavy vehicles associated with the oil and gas industries
and has been upgraded to an appropriate standard for safety and maintenance.
The other
proposed haul road is along Blythdale Road to the Warrego Highway. This is only
for occasional use according to the application. Providing it is not used for
road trains, Blythdale Road will not require a safety audit. The maximum sizes
of vehicle permitted to use the road without a safety audit are semitrailers
and B-Doubles under 19 metres total length.
Sections of
Blythdale Road will need to be used for access to Mt Saltbush Road. The
developer will be required to ensure that the sections of the road used are
safe for the types of vehicles using the road.
The maximum
tonnage hauled on all local government roads is 100,000 tonnes per annum.
The use of
all local roads requires an initial contribution of 20 cents per tonne to pay
for road impacts as these are impacts added to the road on top of existing
uses. This amount will be reviewed annually based on road condition assessment
reports to be provided by the developer.
The developer
will be responsible for the costs of repairing roads damaged by the extractive
industry use.
5.0 Submissions
There were no
properly made submissions lodged to Council during the public notification
period.
